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The Achilles Heel; The IRS Notice Of Federal Tax Lien

In this book, now on Amazon & Kindle, Buy Here – Amazon Books we explore how the IRS has been filing “erroneous” Federal Tax Liens (FTL) and the subsequent Notice of Federal Tax Liens (NFTL) against Citizens of this country, perhaps since as long ago as 1944, when the Victory Tax was repealed just after the WWII.

What is unique about my book as compared to the numerous others written on the Federal Individual Income Tax, is mine does not require you to be a tax lawyer to understand it. It’s very straightforward and easy to understand, as I guide you through the information. The other books, even though I believe them to be correct, even confuse me sometimes and I have spent close to 35 years reading and researching the Internal Revenue Code (IRS) and the history behind the tax laws in our country. They all try to dissect the IRC and various Statues or Regulations to prove that most Citizens of the 50 States aren’t required to file and pay a tax on the labor they provide in exchange for money. They go into technical legal definitions of income, person, source, include(s) etc. It complicated and I can surely see why they may not always be able to convince a jury of their position(s).

The book makes the case, using more than enough material, but also substantial circumstantial evidence that clearly shows that most NFTLs filed at the County Court House against the overwhelming majority of individuals, are incorrect thus legally insufficient as valid and enforceable Liens.

The majority of NFTLs files against people are incorrect, as are many of the computers generated forms being issued by the IRS because they do not properly/correctly note on them “the tax liability giving rise to the lien”; that pesky little bit of information we call a law.

Imagine receiving a lien or any document from the government that doesn’t show the underlying Federal Regulation that gives them the authority and thus the jurisdiction to enforce such a tax and any subsequent lien or fines against you. That is what is happening to most people.

You’ll also be given evidence, that no matter what you try to do, they will never (ever) provide to anyone the underlying Federal Regulations that is Positive Law, that would provide “the tax liability giving rise to the lien”. I have attempted personal correspondence, FOIA Requests, a formal Petition for Redress Of Grievances under the 1st Amendment and even sued the Commissioner of the IRS, their boss, the Secretary of the Treasury and their boss, the President of the United States with a group of other people. Even in the lawsuits I’ve been privy to, the government never once has ever supplied the law but they do try to mislead the Juries often times with the assistance of the Judges and Prosecutor. In the chapter “The Winners and Losers Against the IRS, you’ll see that there are more winners than you realized. The actual existence of a Federal Regulation that is positive law is a common denominator among the cases examined, both for those who won and those who loss; obviously the losers the issue was either not raised correctly or was denied as evidenced by the Judges and/or the juries didn’t understand the information.

The only logical conclusion that one can make, is that they will not provide the law because as we’ve heard for years from those in the tax honesty movement for years, one does not exist. However, it is not up to the Citizens to prove something doesn’t exist, you cannot prove a negative. The burden of proof is on the U.S. Government and based on their continual refusal to provide the Federal Statute, it is reasonable to conclude one doesn’t exist, or they would have long ago provided it.

Who cares though? The NFTLs are legally insufficient thus unenforceable and it’s other Federal Statutes and Treasury Regulations that require the liens to correctly note “the tax liability giving rise to the Lien” on them. Even the IRS’s own operating manual says it. The only way a tax liability can be created is by Statute. Congress would have had to pass an Act of law, that became Positive Law, sometime in the past and it would have had to have been after WWII, because it was common knowledge that most people did not pay a Federal Individual Income Tax, prior to that.

I just show you the evidence. How all this worked out in the courts and Congress and will the Judicial and prosecutorial corruption continue, I can’t speculate. The key is, it will be obvious to anyone who reads the book that the liens are incorrect and the IRS will not correct them or they would already have, thus they are legally insufficient and “should” therefore be legally unenforceable. That means the IRS should not be able to legally enforce the law because they should not be legally able to collect the money. They have a whole bunch of Attorneys with an endless supply of money and a lot of guns backing them up.

For those Attorneys with integrity, historically the Government has been able to manipulate and bamboozle some juries. If the evidence in my book is raised and shown to even an average intelligent jury, a competent attorney should have a little problem guiding them to the truth. The only issue they may have to be explained to a jury, it the Positive Law issue relating to Title 26, if the IRS raises this as the underlying Federal Statute. However, even if they do, the Liens are still incorrect as they do not show even a Title 26 Section on them. They put a three or four digit number as the “Kind of Tax” on them. Last time a checked a number cannot create a tax liability. If there was a Federal Statute that provided the IRS their authority, it would be plastered all over the universe because it has been a contentious subject for many years in the courts.

Interestingly, I was never able to actually find in the IRC, or any other location researched the name of the so-called tax. The only place you will find it is on the 104o filing form itself. If there is no Federal Statute, then perhaps there is no name for it. Actually, some people, a very small percentage of our society appear to be required to file and pay this tax, but that is a subject for another day and it does not relate to most Citizens of the 50 States.

Comments

I have just received back the answer to my recent FOIA Request. Sadly, like all the efforts thus far to extrapolate information from the IRS, they have failed to provide all the requested information and/or dodged the question(s) by maintaining a frivolous position or claim.

I did, however, get a document 4805, Facsimile Federal Tax Lien Document, with it saying “This Lien Has Been Filed in Accordance with Internal Revenue Regulation 301.6323 (f) -1.” However, as we already know, Title 26, which this Regulation referred to, is not Positive Law nor does the Lien appear to be valid because it does not provide the Kind of Tax being enforced or the “tax liability giving rise to the lien” as required by Federal Statute. It is simply common sense that for any lien to be valid, a positive law statute must exist and have been properly enacted into law. Why they keep refusing to provide the specific

Back to square one to a degree. I am still going to try to fall back on their refusal to provide proof of their jurisdiction prior to the scheduled CDP Hearing, a statutory requirement and their frivolous claims for canceling the hearing.

I am seeking individuals to help me perfect the FIOA request so the IRS cannot weasel their way around the questions.

A fine idea.I would like to ask something though. Why did all the comments disappear below the YouTube videos on my computer, and why cannot I send any comment, even when I'm signed in?Yours sireencly,Mina Jade

James, I am aware of the arguments on Notice. That is the only lien that is issued and filed against people and the legal system considers it an enforceable tax lien. Every single title examiner considers them a cloud on title and you cannot get title insurance unless the liens are satisfied.

This brings up an interesting point. Either claim the government would make, the Notice of Federal Tax Lien is legally insufficient as an enforceable lien.

Here in Palm Beach Country we have noticed the Country Clerk on the subject. They sent us the State Statute that requires them to file the Notice of Federal Tax Lien issued by the IRS Department of the Treasury. They are protected by their sovereign immunity and this is what the County Attorney said.

I am now under the belief that the best way to challenge the legal sufficiency of the liens is by suing a Title Company and the examiner in the Circuit Court, for refusing to grant the new potential owner a title insurance policy based on the old owners legally insufficient Notice of Federal Tax Lien which they contend is sufficient as a lien. I doubt the IRS would want to even enter the suit. If they would take Adask’s position on Notice they lose and if they take my position that the liens are legally insufficient they also lose.

Many people have lost their homes to Notice of Federal Tax Liens and I think if enough people started fighting it around the country, some of the Circuit Court Judges and Juries are going to rule in our favor. It is a pretty easy issue to teach Juries as compared to the other defenses tried in the past. Actually even with their complexities, the number of winners, using the various methods was surprising to me, therefore a made it a Chapter in my book.

When reading the title of the book, I was excited that FINALLY someone was exposing the “Notice” Fraud.

But, as I read through the above article, I see nothing but the theory of “legal insufficiency” and NOT the legal theory that multitudes of us have been pursuing for years. I am talking about the much more simple concept that a mere NOTICE is not a lien.

Notices are something far different.

The problem in America is that county clerks/recorders are wrongly trained to RECORD these mere “Notices” on the Lien Record!

If they didn’t do that, then there would be no liens to execute.

The problem lies in educating the clerks. They should be sued.

If this book does not explore and unveil this simple solution, then it is really missing the boat! As I have not read the book, I cannot comment. But the “review” above does not mention this remedy, so I can only presume.

Great website you have here but I was wondering if you knew of any user discussion forums that cover the same topics talked about here? I’d really like to be a part of online community where I can get suggestions from other knldeowgeable individuals that share the same interest. If you have any suggestions, please let me know. Many thanks!

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